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Recommendations for systemic reform

Recommendation 2: The BC government should undertake a review of the current breakdown in ministerial responsibilities over primary, secondary, and tertiary prevention supports to assess where responsibilities lie for prevention services. It should then amend legislation and mandates, and reallocate funding to fill the current gaps in service provision.


Recommendations for systemic reform

Recommendation 3: The BC Human Rights Commission should undertake a review/inquiry into MCFD culture, training, policies, procedures, practices, and accountability mechanisms to assess whether MCFD policy and practice is in line with the Human Rights Code.


Recommendations for legislative reform

Recommendation 7: MCFD should amend the CFCSA to reflect the right of the child to not be separated from their family by reason only of their parent or guardian:

  1. lacking the same or similar economic and social advantages as others in BC society;
  2. engaging is substance use or coping with addiction when a parent is actively pursuing or participating in addiction services; or
  3. having a disability.



Recommendations for legislative reform

Recommendation 9: MCFD should review the legislation to assess how the legislation could support a more accountable and robust legal framework for prevention-based supports including by:

  1. Adding a comprehensive list of functions for MCFD at the beginning of the legislation which includes:
    1. working with community and social services to alleviate and remedy the socio-economic conditions that place families at risk;
    2. developing and providing services and supports before and after intervention;
    3. proactively identifying groups of children the recognition and realization of whose rights may require MCFD to undertake special measures and develop special programming
  2. Replace the reference of prevention services in section 2(c) of the CFCSA, with a legislative provision that places a binding and measurable obligation on the Ministry to provide supports to keep families together who are at risk of having their children apprehended. The provision should place a positive obligation on the Ministry to take active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the child’s family. The courts must then be satisfied that these active efforts proved unsuccessful in keeping the family together.
  3. Expand the list of supports under section 5 to include:
    1. improving the family’s financial situation;
    2. improving the family’s housing situation;
    3. improving parenting skills;
    4. improving child-care and child-rearing capabilities;
    5. improving homemaking skills;
    6. drug or alcohol treatment and rehabilitation;
    7. providing child care;
    8. mediation of disputes;
    9. self-help and empowerment of parents whose children have been, are or may be in need of protective services; and,
    10. transition supports for families who have just had a child apprehended or returned.



Recommendations for legislative reform

Recommendation 10: Strengthen the legal duty of the Ministry to consider less disruptive measures by:

  1. Adding legislative language in the CFCSA that explicitly directs the Ministry to actively and diligently pursue and implement less disruptive measures on an ongoing basis;
  2. Including a non-exhaustive list of less disruptive measures that the Ministry must consider on an ongoing basis including an order of preference of placements akin to that set out in section 16 of Bill C-92;
  3. Adding legislative language in the CFCSA that directs the Ministry to establish in court that social workers have made active efforts that proved unsuccessful to return the child to their family;
  4. Where parents and Nations have identified less disruptive measures, the CFCSA should direct the Ministry to provide prompt, clear, and written reasons for rejecting these less disruptive measures.



Recommendations for improving financial supports

Recommendation 12: The provincial government must immediately raise welfare and disability rates to the Market Basket Measure (MBM), index them to the cost of living, and remove arbitrary barriers.


Recommendations for improving financial supports

Recommendation 13: In the meantime, the BC government and MCFD should bridge the gap between the current welfare and disability rates and the MBM for all families that are at risk of having children apprehended by MCFD.


Recommendations for improving financial supports

Recommendation 14: The BC government should amend legislation to ensure that there is no reduction of benefits for families when a child is temporarily taken into care so that income supports and housing can be maintained while parents are working to bring their children home.


Recommendations for improving financial supports

Recommendation 15: MCFD should develop a policy for supporting each family with whom it comes into contact to secure all the available provincial and federal benets. This may require training social workers to understand social assistance frameworks or creating a position within MCFD for a social assistance support worker that can help families secure all the benefits to which they are entitled.


Recommendations for improving financial supports

Recommendation 16: MCFD should develop a plain-language fact sheet for kinship caregivers that sets out the pathways available to them under the CFCSA and FLA. Social workers must be required to provide this information sheet to all caregivers that could qualify for the EFP.


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